Estate Planning For Undocumented Immigrants

Many people who are in this country as immigrants, are here as undocumented immigrants. Many of those people may have assets or property, and they may want to leave them to their beneficiaries and survivors. Because some laws may not apply equally to immigrants, many wonder if they can leave their property to loved ones the way full US citizens can.

Don’t Forget Kids

Before getting to property issues, one important thing to do in an estate plan for an undocumented immigrant, is to plan for your children, should you predecease them while they are minors.

Undocumented immigrants may not have a lot of family in this country. That makes the designation of a guardianship for minor children all the more important.

If at all possible choosing a guardian who has full legal status in this country, can help avoid problems, and will ensure future stability for the minor child.

Creating an Estate Plan

There is no legal impediment to an undocumented immigrant creating an estate plan. The immigrant’s will or trust or other documents, will get probated the same way that anybody else’s property would get probated.

Of course, many undocumented immigrants may be understandably wary of going into any court for any reason. If that’s a concern, non-probated estate planning vehicles, like trusts or payable on death accounts can be used to avoid the probate process completely.

Because many undocumented immigrants have relatives outside the country—or perhaps, who may not even be able to be located in other countries, or who could conceivably flee from whatever foreign country they may currently be located in—care should be taken as to selection of beneficiaries.

Foreign Based Assets

All of this is applicable when the undocumented immigrant has assets here in the US to leave. Often however, immigrants have property located in other countries. Passing these assets on to beneficiaries can create problems.

Depending on the country, there is no guarantee that a foreign nation will recognize a US will or trust, and even if it does, the process of getting those assets transferred to the beneficiary may be difficult or impossible. At the very least, it will be very expensive.

Leaving Property to Undocumented Immigrants

Sometimes the person creating the estate plan is a legal citizen, but wants to leave property to an undocumented immigrant.

Be aware that should that person inherit whatever you leave to him or her, if that person is eventually deported, or opts to leave the country, the property could be lost as well.

That’s why when leaving property to undocumented immigrants, it may be best to utilize powers of attorney, so that someone else can manage the assets or the property, in the event that the undocumented immigrant no longer can do so, whether because of detainment, deportation, or other reasons.

A trust can also be used to protect the property if the beneficiary has to leave the US. The trust property can have a backup beneficiary to receive the property in the trust, in the event the undocumented immigrant is no longer able to receive the property.

Questions about your estate plan? We can help. Call the Torrance probate will and estate attorneys at Samuel Ford Law today.

Sources:

wm.calamos.com/newsinsights/advice-and-planning-insights/estate-planning-when-a-spouse-is-a-non-us-citizen/

americanbar.org/groups/gpsolo/resources/magazine/2024-november-december/how-immigration-status-can-impact-trust-estate-planning/